Greenland v. . Waddell
New York Court of Appeals
Appeal from an order of the General Term of the City Court of Brooklyn, made September 27, 1886, which reversed a judgment in favor of the plaintiff, entered upon decision of the court, on trial at Special Term, and granted a new trial.
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Appeal from an order of the General Term of the City Court of Brooklyn, made September 27, 1886, which reversed a judgment in favor of the plaintiff, entered upon decision of the court, on trial at Special Term, and granted a new trial. This action was brought to recover a certified bank check, representing the balance alleged to be due of the purchase-price of real estate sold and conveyed in March, 1885, by the plaintiff to the defendant Waddell, which bank check the latter had deposited with the defendant Major. It appeared that at the time of the delivery of the deed to the defendant…
1Opinion of the CourtBradley, J.
The question is, whether or not the deed of conveyance made by the plaintiff to the defendant Waddell, was effectual to convey a perfect title to the one-tliird of the premises of which Agnes Boerum died seized. And that depends upon the result of the inquiry, whether the deeds of Mrs. Bush, individually and as trustee of the will of Agnes Boerum to plaintiff conveyed such title to him.
The will was productive of an equitable conversion of the real estate of the testatrix into personalty; and, for the purpose of the execution of the trusts created by the will, it must be so treated. (Kane v.…
2Cases cited15 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Warner v. . DurantNew York Court of Appeals · 1879
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Hood v. . HoodNew York Court of Appeals · 1881
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3Cited by47 opinions
- Clark v. . CammannNew York Court of Appeals · 1899
- Kimball & Fink v. Friend's Adm' rSupreme Court of Virginia · 1897
- In Re the Accounting of WilcoxNew York Court of Appeals · 1909
- Magevney v. KarschTennessee Supreme Court · 1933
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
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